Hawkeye-Security Insurance Co. v. Apodaca

The defendants’ home, insured by Hawk-eye, burned, and the insurance company paid the insured defendants’ note given to a mortgagee. The insurance company took an assignment of the note and mortgage, and brought an action on the note and for foreclosure of the mortgage. Defendants answered separately and each raised the issue of the insurance policy and counterclaimed for the loss in excess of that amount paid by the insurance company to the mortgagee. All parties moved for summary judgment, and ultimately the matter was submitted to the trial court for determination on the record. The trial…